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1 1 (September 30, 2003)

handle is hein.tera/crstax0055 and id is 1 raw text is: Order Code RS20712
Updated September 30, 2003
CRS Report for Congress
Received through the CRS Web
Charitable Choice, Faith-Based Initiatives,
and TANF
Vee Burke
Domestic Social Policy Division
Summary
By regulatory action, the Bush Administration has expanded the coverage of basic
charitable choice principles, which seek to promote use of religious groups as providers
of social services while protecting the religious freedom of beneficiaries. On September
30, 2003, the Department of Housing and Urban Development (HUD) issued final
regulations, in response to an executive order from President Bush, to extend charitable
choice principles to eight housing programs On September 23, the White House
announced that the Departments of Education, Labor, and Justice, and the Veterans
Administration were proposing new regulations or policy changes to facilitate
partnerships of faith-based groups with the federal government. The 108th Congress has
resumed efforts to pass tax incentives for private giving (S. 476, passed by the Senate
on April 9, and H.R. 7, passed on September 17, 2003). However, these bills do not
contain provisions intended to promote religious organizations as providers of federally
funded social services - charitable choice provisions.. The House voted in 2001 to
extend charitable choice rules, which now apply to a limited set of programs, to
numerous new programs (H.R. 7 in the 107th Congress), as the President urged, but the
Senate refused.  The House-passed H.R. 7 in 2001 aroused major controversy,
especially over religious discrimination in employment and possible voucherization
of social services. Opposition to charitable choice has brought together a coalition of
religious and secular groups who, for different reasons, want to maintain separation of
church and state - the former to protect their independence and sense of mission, the
latter to guard against use of public funds for religious activities. In two cases
concerning a Wisconsin faith-based program for drug addicts (Faith Works), direct
government funding has been found unconstitutional, but indirect funding (by voucher)
has been found constitutional. For background and selected legal issues on public aid
and faith-based groups, see CRS Report RL31043. This report will be updated for
developments.
Charitable Choice Option in TANF Law. If a state chooses to administer and
provide TANF services or benefits through a contract with a nongovernmental entity or
to provide TANF recipients with certificates or vouchers redeemable with a private entity,
it must allow religious organizations to participate on the same basis as any other
nongovernmental provider without impairing the religious character of the organization
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